MCS Marketing, Inc. v. Univ. of Akron
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[Cite as MCS Marketing, Inc. v. Univ. of Akron, 2004-Ohio-7300.] IN THE COURT OF CLAIMS OF OHIO MCS MARKETING, INC. Plaintiff/Counter Defendant : : CASE NO. 2003-05381 Judge Joseph T. Clark : v. JUDGMENT ENTRY : THE UNIVERSITY OF AKRON : Defendant/Counter Plaintiff : : : : : : : : : : : : : : : : : : {¶ 1} On September 30, 2004, the court entered judgment in favor of plaintiff/counter defendant in the amount of $33,378.97 on the complaint and judgment in favor of defendant/counter plaintiff in the amount of $133,621.03 on the counterclaim. Both judgments were held in abeyance pending a decision by defendant/counter plaintiff whether to conduct an accounting of plaintiff/counter defendant s records. {¶ 2} On October 19, 2004, plaintiff/counter defendant filed a motion for reconsideration. On October conducted a conference with the parties. 20, 2004, the court As a result of the conference, defendant/counter plaintiff informed the court that it no longer desired an accounting. {¶ 3} On November 19, 2004, defendant/counter plaintiff filed a response to the motion for reconsideration and on November 30, 2004, plaintiff/counter defendant filed a reply. Upon review, the court is not convinced that its September 30, 2004, judgment was in error. Accordingly, the motion for reconsideration is DENIED. Case No. 2003-05381 {¶ 4} Accordingly, -2- judgment is JUDGMENT ENTRY hereby entered in favor of plaintiff/counter defendant on the complaint in the total amount of $33,378.97, which includes the filing fee paid by plaintiff/counter defendant. Judgment is rendered in favor of defendant/counter plaintiff on the counterclaim in the total amount of $133,621.03. Each judgment is to be satisfied out of the funds currently held in plaintiff/counter defendant s Bank One, Chicago account. costs are assessed equally against both parties. Court The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. ________________________________ JOSEPH T. CLARK Judge Entry cc: Marco E. Graves 4758 Ridge Road PMB 116 Brooklyn, Ohio 44144-3327 Attorney for Plaintiff/Counter Defendant Randall W. Knutti Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 Attorneys for Defendant/ Counter Plaintiff Christopher J. Carney Charles D. Price Special Counsel to Attorney General 1001 Lakeside Avenue, Suite 1600 Cleveland, Ohio 44114 LP/cmd Filed December 20, 2004 To S.C. reporter January 11, 2005
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